House Panel Considers Ways To Ease Facilities Permitting Processes

As the House communications and technology subcommittee considers draft legislation aimed at lowering barriers to broadband deployment, telecom industry representatives are urging lawmakers to improve data collection regarding deployment, ease facilities permitting processes at all level of governments, and ensure predictability of universal service funding.

During a subcommittee hearing today, however, the ranking minority member of the full Energy and Commerce Committee criticized Republicans for unilaterally revising the discussion draft on federal agency facilities permitting that both parties had worked on in the last session of Congress.

“We’re still reviewing” the draft, ranking member Frank Pallone Jr. (D., N.J.) said. “We wish Republicans had consulted with us before calling this hearing.”

He added, “Congress needs to invest in a connected future. I have seen some suggest that tax incentives will somehow increase broadband in rural and tribal areas. But tax cuts alone won’t get it done—especially in areas where there is not a strong business case like tribal lands.”

The draft federal permitting bill would require an inventory of federal property and assets that could be used to deploy communications infrastructure; the streamlining of Interior Department and Forest Service facility-siting applications; the streamlining of historical preservation and environmental reviews; and the adoption of common forms, fees, and master contracts for siting of wireless facilities on federal property.

In addition to the federal permitting draft bill, today’s hearing also focused on a draft bill authored by Rep. Anna G. Eshoo (D., Calif.), the former ranking member of the subcommittee. The draft Broadband Conduit Deployment Act would require highway projects that receive federal funding to include installation of broadband conduit if an assessment reveals an expected need within 15 years.

In her opening statement, subcommittee Chairman Marsha Blackburn (R., Tenn.) called broadband “the infrastructure issue of this decade, adding that “lack of broadband access, particularly in rural areas, is an issue that affects the constituents of numerous members of this committee.”

She emphasized the importance of collecting data “to update the national broadband map,” which was originally created by the National Telecommunications and Information Administration with funding from the 2009 American Recovery and Reinvestment Act, but which is no longer being updated.

Rep. John Shimkus (R., Ill.), noting that the hearing was looking at Democratic Rep. Eshoo’s draft conduit bill as well as the majority’s draft federal permitting bill, said, “Properly managed, I think we ought to be able to move forward in a bipartisan manner.”

During his opening statement, subcommittee ranking minority member Mike Doyle (D., Pa.) expressed concern about the practice of digital redlining, or not deploying broadband facilities to low-income communities.

Rep. Ben Ray Luján (D., N.M.) said that the “long overdue infrastructure package should include broadband.” He said that he is working to develop a bill to encourage investment through incentives, such as access to lines of credit and lower interest rates pegged to Treasury rates.

Rep. Dave Loebsack (D., Iowa) said that “the two critical things we need to connect these communities are dollars and data.” He said that according to the FCC’s data, “all of Iowa has 4G coverage,” but he said that he knows from experience that there many areas where users encounter “dead spots,” dropped calls, and slower speeds.

He noted that he recently introduced the Rural Wireless Act, which is aimed at improving maps of wireless coverage by requiring the FCC to establish a methodology for the collection of mobile service coverage data (TRDaily, March 16).

The methodology would be required to “(1) contain standard definitions for different speed tiers (such as the 2G, 3G, 4G, 4G LTE, and 5G tiers); (2) ensure that data is collected in a consistent and robust way; (3) improve the validity and reliability of data; and (4) increase the efficiency of data collection.”

Witness Steve Berry, president and chief executive officer of the Competitive Carriers Association, called for “direct support” of broadband deployment distributed through the FCC in its universal service mechanisms. He also suggested the adoption of tax incentives, streamlined siting processes “at every level,” and the imposition of “consequences” for failing to comply with shot clocks for acting on siting applications.

However, he said that “the same fees that applied to tall towers should not apply to small cells.”

During questioning, Mr. Berry also suggested that universal service support could be made tax exempt.

Thomas (Tam) Murray, founder and managing member of Community Wireless Structures, who also testified in his role as chairman of the Wireless Infrastructure Association, supported the draft federal permitting bill, called for expediting tribal approvals of facilities siting. He called for defining small facilities as 50 feet or less in height, which would account for a utility pole and an antenna attached at the top.

LeRoy Carlson Jr., CEO of Telephone and Data Systems, Inc., and chairman of United States Cellular Corp., criticized FCC Form 477 reporting instructions for lacking a way to differentiate service based on signal strength. “FCC data collection flaws must be addressed before Mobility Fund Phase II,” he said.

Mr. Carlson also said that he is concerned that the challenge process for MF-II will “create burdens on wireless carriers that would not exist if form 477 data collection” were more accurate.

Michael Conners, sub-chief of the Saint Regis Mohawk Tribe (SRMT), whose Mohawk Networks provides broadband service not only on tribal lands but is also expanding into neighboring non-tribal communities that lack adequate broadband services, called for “set-asides for rural and tribal infrastructure projects.”

He said SRMT supports “passage of legislation that positively impacts Indian country,” such as the Tribal Digital Access Act (HR 1581), which was introduced last week by Rep. Raul Ruiz (D., Calif.) (TRDaily, March 16). The bill would amend the 1996 Telecommunications Act to add access to telecommunications and information services in Indian country and areas with high populations of Indian people to the universal service principle relating to access to such services in rural, insular, and high cost areas.

Joanne Hovis, president of broadband planning consultancy CTC Technology and Energy, called for enabling public-private partnerships, allowing tax credits to be sold, and the inclusion of dig-once and construction-efficiency strategies in infrastructure beyond highway construction, such as water distribution projects.

Asked by Rep. Doyle about state laws barring or restricting municipal networks, Ms. Hovis said that many such laws prevent public-private partnerships on broadband.

In response to a question from Rep. Bob Latta (R., Ohio), Mr. Berry suggested adoption of a “deemed granted” or “deemed approved” provision for permitting applications if authorities at the federal, state, or local levels are not responsive within set timelines. Mr. Murray said he agreed.

On a second panel, witness Bryan Darr, CEO of Mosaik Solutions, also testified that the FCC’s Form 477 data is flawed, not just because it doesn’t reflect signal strength, but because it is always out of date by the time the FCC releases it.

In response to a question from Rep. Jerry McNerney (D., Calif.), Mr. Darr said that the expertise to process the data more quickly “does exist in the private sector today.”

James Stegeman, president of CostQuest Associates, Inc., also testified on the second panel.